314 CMR 9.00: Current Regulations

  • 314 CMR 9.00: 401 Water Quality Certification  pdf format of 314 CMR 9.00: 401 Water Quality Certification

    These regulations were effective October 24, 2014.

  • 314 CMR 9.00 - Sections

    9.01: Authority, Jurisdiction, and Purpose
    9.02: Definitions
    9.03: Activities Not Requiring an Application
    9.04: Activities Requiring an Application
    9.05: Submission of an Application
    9.06: Criteria for Evaluation of Applications for Discharge of Dredged or Fill Material
    9.07: Criteria for Evaluation of Applications for Dredging and Dredged Material Management
    9.08: Variance
    9.09: 401 Water Quality Certification
    9.10: Appeals
    9.11: Enforcement
    9.12: Authorization of Emergency Action
    9.13: Effective Date, Transition Rule, and Severability

Combined Water Quality Certification-Wetlands Permitting Procedures

310 CMR 10.00: Wetlands Protection Act Regulations
The amendments to the Wetlands Protection Regulations at 310 CMR 10.00 and the 401 Water Quality Certification regulations at 314 CMR 9.00 establish procedures and standards for issuing state certifications under Section 401 of the federal Clean Water Act for dredge and fill activities requiring a federal permit and overlaps with the Wetlands Regulation by establishing rules that allow:

  • Ecological restoration projects under the Wetlands regulations to be exempt from 401 water quality certification, except for projects involving 100 cubic yards or more of dredging, or dredging of any amount in an ORW, for newly authorized;
  • Exemptions for some short-term testing of innovative technologies permitted under the Wetlands regulations.
  • The creation of a combined permit application for 401 water quality certification permit and waterways licensing where there is overlap. Note: wetlands permitting remains within the authority of conservation commissions so it is not currently available as a option for a Combined Permit Application with the 401 water quality certification and Waterways licensing.

314 CMR 9.00: Proposed Amendments & Public Comment

  • There are no proposed regulations out for public comment at this time.

314 CMR 9.00: Recently Promulgated Amendments